Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Specific Relief Act, 1877

Section: 9,12,42

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Specific Relief Act, (I of 1877), Ss. 9, 12 42--Suit for possession through specific performance filed by petitioner was partly decreed to recovered earnest money alongwith compensation--While suit for declaration alongwith cancellation of agreement was dismissed--Consolidated --Appeals--Dismissed--Agreement to sell--Earnest money was paid--Validiation of agreement--Alternate relief--Discretionary powers of Court--Principle of equity--Non-identification of jurisdictional defect--Concurrent findings--Challenge to--When petitioner himself admitted that respondent transferred suit property in favour of Respondents No. 2 3 through registered sale deed, then there is no need to further discuss merits of case--It is settled law that admitted facts need not to be proved--Courts below rightly granted alternate relief in favour of petitioner for alongwith compensation from Respondent No. 1 and dismissed rest of claim of petitioner and also rightly dismissed suit of Respondents No. 2 3 for cancellation of said agreement to sell--Grant of decree for specific performance comes within discretionary power of Court which can refuse to grant relief on principle of equities even suitor has proved case--Counsel for parties have not been able to point out any illegality or material irregularity, mis-reading and non-reading of evidence in impugned s decrees passed by Courts below and have also not identified any jurisdictional defect--concurrent findings of facts are against parties which do not call for any interference by this Court in exercise of its revisional jurisdiction in absence of any illegality or any other error of jurisdiction--Revision petition dismissed. 1991 SCMR 2300, PLD 2004 SC 682, 2019 SCMR 524 and 2014 SCMR 1469 ref. JUDGMENT Through this single judgment, I intend to decide instant Civil Revision No. 70913/2017 as well as Civil Revision No. 125321/7017 and Civil Revision No. 131702/2018, as all these cases have arisen out of the same judgment decree. 2. Through this revision petition, the petitioner has challenged the consolidated judgment decree dated 03.05.2016, passed by the learned Civil Judge, Sialkot…

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